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PRINTER'S NO. 1213
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
28
Session of
2017
INTRODUCED BY WHITE, READSHAW, PICKETT, A. HARRIS, ROAE,
M. K. KELLER, MACKENZIE, DIAMOND, DUSH, TOEPEL, SIMMONS, FEE,
RAPP, TAYLOR, BLOOM, EVERETT, WARD, WARNER, GREINER, EMRICK,
DUNBAR, MILLARD, TALLMAN, BARRAR, BAKER, SACCONE, RYAN,
KEEFER, HICKERNELL, SANKEY, ROTHMAN, DAY, GABLER, GROVE,
METCALFE, TOPPER, KAUFFMAN, ORTITAY, IRVIN, O'NEILL, STAATS,
SAYLOR, FARRY, CHARLTON, B. MILLER, BERNSTINE, WHEELAND,
RADER, ZIMMERMAN, KNOWLES, METZGAR AND PYLE, APRIL 3, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 3, 2017
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 53
(Municipalities Generally) of the Pennsylvania Consolidated
Statutes, in matters affecting government units, providing
for exceptions to governmental immunity related to
unauthorized aliens; and, in preemptions, providing for
restriction on municipal regulation of official and employee
communications relating to immigration status.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 8543. Exceptions to governmental immunity related to
unauthorized aliens.
(a) Liability imposed.--A sanctuary municipality shall be
liable for damages on account of an injury to a person or
property as a result of criminal activity by an unauthorized
alien if all of the following conditions are satisfied:
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(1) Federal immigration officials have determined that
the person who engaged in the criminal activity is an
unauthorized alien.
(2) The criminal activity that caused the injury was
committed in the sanctuary municipality.
(3) The unauthorized alien is convicted of the criminal
activity that caused the injury.
(4) The criminal activity is a proximate cause of the
injury.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
" Municipality. " A municipality as defined under 1 Pa.C.S. §
1991 (relating to definitions).
"Sanctuary municipality." A municipality that prohibits or
in any way restricts an official or employee of the municipality
from doing any of the following:
(1) sending to or receiving from Federal immigration
officials information regarding the citizenship or
immigration status, lawful or unlawful, of an individual;
(2) doing any of the following with respect to
information regarding the immigration status, lawful or
unlawful, of an individual:
(i) sending the information to or requesting the
information from Federal immigration officials;
(ii) maintaining the information; or
(iii) exchanging the information with other Federal
agencies, State agencies or municipalities;
(3) inquiring about an individual's name, date and place
of birth and immigration status while enforcing or conducting
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an official investigation into a violation of a law of this
Commonwealth; or
(4) requesting an applicant who applies for a State or
local public benefit as defined by section 411(c) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104-193, 110 Stat. 2105) to provide
proof of eligibility to receive the State or local public
benefit.
" Unauthorized alien. " An alien who is not lawfully present
within the United States as determined by Federal immigration
officials.
Section 2. Title 53 is amended by adding a section to read:
§ 305. Restriction on municipal regulation of official and
employee communications relating to immigration
status.
(a) General rule.--The governing body of a municipality may
not adopt an ordinance, regulation or plan or take any other
action that limits or prohibits a public official, employee or
law enforcement officer of the municipality from communicating
or cooperating with an appropriate public official, employee or
law enforcement officer of the Federal government concerning the
immigration status of an individual in this Commonwealth.
(b) Notice to public officials, employees and law
enforcement officers.--The governing body of a municipality
shall provide written notice to each public official, employee
and law enforcement officer of the municipality of his duty to
communicate and cooperate with an appropriate public official,
employee or law enforcement officer of the Federal government
concerning the immigration status of an individual in this
Commonwealth.
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(c) Compliance report to Commonwealth.--
(1) Within 90 days of the effective date of this
section, the governing body of a municipality shall submit a
written report to the Department of Community and Economic
Development that the municipality is in compliance with the
requirements of subsection (a).
(2) If the department fails to receive a timely report
from a municipality under this subsection, the department
shall provide the name of the municipality to the State
Treasurer.
(d) Duty of law enforcement officers.--A law enforcement
officer of a municipality who has reasonable suspicion to
believe that an individual under arrest is not legally present
in the United States shall immediately report the individual to
the appropriate United States Immigration and Customs
Enforcement Office within the Department of Homeland Security.
(e) Annual report to Commonwealth.--
(1) On or before March 1 of each year, the governing
body of a municipality shall report to the Department of
Community and Economic Development the number of reports made
by law enforcement officers of the municipality under
subsection (d).
(2) If the department fails to receive a timely report
from a municipality under this subsection, the department
shall provide the name of the municipality to the State
Treasurer.
(3) On or before April 1 of each year, the department
shall compile the reports received under this subsection and
submit a cumulative report to the General Assembly.
(f) Penalty for noncompliance.--
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(1) Notwithstanding any other provision of law to the
contrary, the State Treasurer shall withhold the payment of
Commonwealth funds to a municipality whose name is reported
by the Department of Community and Economic Development to
the State Treasurer under this section until such time as the
municipality complies with this section and the department
notifies the State Treasurer.
(2) Paragraph (1) shall not apply to a payment of
Federal funds or a payment that is constitutionally mandated.
(g) Reinstatement.--The eligibility of a municipality to
receive Commonwealth funds may be restored if the municipality
demonstrates compliance with the requirements of this section. A
municipality determined to be in violation must provide proof
satisfactory to the Department of Community and Economic
Development that the municipality is in compliance.
(h) Duties of Department of Community and Economic
Development.--The Department of Community and Economic
Development shall:
(1) Develop procedures for reporting violations of this
section.
(2) Maintain records of all reports of alleged
violations and the actions taken to resolve the alleged
violations.
(3) Report municipalities in violation to the State
Treasurer for the purpose of withholding payment under
subsection (f).
Section 3. If any provision of this act or its application
to any person or circumstance is held invalid, the invalidity
shall not affect other provisions or applications of this act
which can be given effect without the invalid provision or
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applicability.
Section 4. This act shall take effect in 60 days.
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